For Immediate Release
Office of the Press Secretary
May 18, 2001
Executive Order
Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
By the authority vested in me as President by
the Constitution and the laws of the United States of America, and in
order to appropriately weigh and consider the effects of the Federal
Government's regulations on the supply, distribution, and use of
energy, it is hereby ordered as follows:
Section 1. Policy. The Federal
Government can significantly affect the supply, distribution, and use
of energy. Yet there is often too little information
regarding the effects that governmental regulatory action can have on
energy. In order to provide more useful energy-related
information and hence improve the quality of agency decisionmaking, I
am requiring that agencies shall prepare a Statement of Energy Effects
when undertaking certain agency actions. As described more
fully below, such Statements of Energy Effects shall describe the
effects of certain regulatory actions on energy supply, distribution,
or use.
Sec. 2. Preparation of a
Statement of Energy Effects.
(a) To the extent
permitted by law, agencies shall prepare and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for those matters
identified as significant energy actions.
(b) A Statement of Energy Effects shall consist of a
detailed statement by the agency responsible for the significant energy
action relating to:
(i) any
adverse effects on energy supply, distribution, or use
(including a shortfall in supply, price
increases, and increased use of foreign
supplies) should the proposal be implemented, and
(ii) reasonable
alternatives to the action with adverse energy
effects and the expected effects of such alternatives on energy
supply, distribution, and use.
(c) The Administrator of the Office
of Information and Regulatory Affairs shall provide guidance to the
agencies on the implementation of this order and shall consult with
other agencies as appropriate in the implementation of this order.
Sec. 3. Submission and Publication
of Statements.
(a) Agencies shall submit their
Statements of Energy Effects to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget,
whenever they present the related submission under Executive Order
12866 of September 30, 1993, or any successor order.
(b) Agencies shall publish their
Statements of Energy Effects, or a summary thereof, in each related
Notice of Proposed Rulemaking and in any resulting Final Rule.
Sec. 4. Definitions. For
purposes of this order:
(a) "Regulation" and "rule" have the same meaning as they do
in Executive Order 12866 or any successor order.
(b) "Significant energy action"
means any action by an agency (normally published in the Federal
Register) that promulgates or is expected to lead to the promulgation
of a final rule or regulation, including notices of inquiry, advance
notices of proposed rulemaking, and notices of proposed rulemaking:
(1)(i) that
is a significant regulatory action under Executive Order 12866 or any
successor order, and
(ii) is
likely to have a significant adverse effect on the
supply, distribution, or use of energy; or
(2) that
is designated by the Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action.
(c) "Agency" means any authority of the United States that
is an "agency" under 44 U.S.C. 3502(1), other than those considered to
be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 5. Judicial
Review. Nothing in this order shall affect any otherwise
available judicial review of agency action. This order is
intended only to improve the internal management of the Federal
Government and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the United
States, its agencies or instrumentalities, its officers or employees,
or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
May 18, 2001.
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